Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, 12 -- Second revision petition - Maintainability - Order rejecting bail - First revision arose from rejection of first bail prayer filed while investigation was pending - No doubt, a second bail prayer may have to be considered on new grounds - But, when second bail application was filed,..........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of proceeds of movie - JD has not made any sincere attempt to settle decree amount - He is borrowing time by filing counter statement or by giving undertakings - Even one time settlement recorded by High Court also not utilized by JD - JD thus, not entitled for any leniency - Execution Court rightly..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased aged about 29 years was in real estate business and based on his income tax return of preceding assessment year Tribunal assessed his income at Rs.4,58,430, thereafter applying a multiplier of 17 and deducting 1/4th towards his personal expenses and awarding compensation on loss of consortium and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parties have been residing separately since 2012 which is more than thirteen years now and no substantial or meaningful effort has been made in restoring their matrimonial relationship - Every endeavour was made to explore possibility of reconciliation or alternatively an amicable separation, however, given..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a serving judicial officer holding a responsible public position and is therefore, under a heightened obligation to ensure fair, adequate and dignified financial security for his wife and daughter - Wife who is presently not engaged in legal practice is entitled to maintain a standard of living broadly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Inherent Powers of High Court - Quashing of proceedings - Once High Court finally decides a criminal revision petition, inherent powers cannot be invoked to set aside conviction and sentence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Functional disability - Appellant was 21 years of age during the incident who requires a personal attendant - Lump sum amount of Rs.3,00,000 thus, awarded towards attendant charges over and above the loss of income arrived at by this Judgment and High Court - Keeping in view of loss of monthly..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Seven persons were dependent on deceased - Deduction of 1/5th amount towards personal expenses deducted by Tribunal as well as High Court - After adding 40% towards future prospects and applying other parameters, annual income of deceased could be placed at Rs.60,480 and multiplying the..........
Indian Penal Code, 1860, Section 376(2)(n), 420 -- Rape - Refusal to marry - Victim herself admitted in her cross-examination that she indulged in physical relationship despite refusal of appellant to marry her - She had supported the bail application of appellant before High Court and had travelled along with his relative to High Court - Victim was thus in relationship..........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
